Kingston, Mass., Code of Bylaws ch 440 § 440-2

As used in this chapter, the following terms shall have the meanings indicated: BOARD The Manufactured Housing Accommodations Board, also referred to as the "Mobile Home Park Rent Control Board," established by Article 22 of the Special Town Meeting held on October 7, 2002. CAPITAL IMPROVEMENTS Any substantial rehabilitation, addition or improvements which appreciably adds to the value of the manufactured housing accommodations or the manufactured housing community or prolongs its life or both, but not including ordinary repairs and maintenance. FAIR MARKET VALUE "Fair market value" of property shall mean the current assessed valuation of the manufactured housing accommodations or manufactured housing community or other valuation that the Board on basis of evidence presented before it considers more appropriate to the circumstances of the case before it. The Board shall evaluate all evidence presented by any party regarding the fair market value. FAIR NET OPERATING INCOME "Fair net operating income" shall be: A. For an investor-owned community, that net income which will yield a reasonable return, after all reasonable operating expenses. In consideration of whether the return is reasonable, the Board may consider any relevant evidence and standards, including, but not limited to: average returns for other similarly situated parks and communities, any operating expenses or debt service, any projected capital improvements, or any other factor that may be presented. The Board shall evaluate all evidence presented by any party regarding the fair net operating income. B. For a resident-owned community, that income that is necessary to pay for all reasonable operating expenses, contractual debt service, contractually mandated or shareholder/member-approved reserves for repair, replacement, operations, and debt service coverage. Such calculation shall not include a return on the value of the manufactured home community or the property. HOUSING SERVICES Services or facilities provided by an owner or required by law or by the terms of a rental housing agreement to be provided by an owner to a tenant in connection with the use and occupancy of any manufactured housing community, which may include without limitation: services, furniture, furnishings and equipment; repairs, decorating and maintenance; provisions of light, heat, hot water, cold water, telephone, kitchen, bath and laundry facilities and privileges; use of yard and other common areas; janitor service, refuse removal, parking facilities, and any other benefit, privileges or facility connected with the use or occupancy of any manufactured housing accommodations community. Housing services for a manufactured housing community shall include a proportionate part of services provided to common facilities of the manufactured housing community in which the mobile home park accommodation is contained. MANUFACTURED HOUSING ACCOMMODATION A manufactured home as defined in MGL c. 140, § 32Q . MANUFACTURED HOUSING ACCOMMODATION A. The lot or space in a manufactured housing community upon which is located a manufactured home not owned by the holder of the license of said park and used and occupied as a one-family dwelling unit. B. A manufactured home owned by the licensee of a manufactured housing community and used and occupied by a tenant as a one-family dwelling unit. MANUFACTURED HOUSING COMMUNITY A manufactured housing community licensed by the Board of Health pursuant to MGL c. 140, § 32B . OPERATING AND MAINTENANCE EXPENSES The reasonable expenses of operating and maintaining a manufactured housing community, including, but not limited to, maintenance, repair, management fee, real estate broker's commission to an entity other than the owner or an entity controlled by the owner or member of the owner's immediate family, insurance, utilities not included within the rent, but not including mortgage interest and amortization or an allowance for obsolescence or depreciation. Operating expenses shall not include capital improvements, as defined above. OWNER The individual or entity which holds a license granted pursuant to MGL c. 140, § 32B , to conduct, control, manage or operate directly or indirectly a manufactured housing community in any manner, including, but not limited to, a partnership, corporation or trust; as construed herein, the rights and duties of the owner hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the owner, as further defined herein as follows: A. RESIDENT-OWNED COMMUNITY A manufactured home community that is owned by a corporation or association where: (1) Shareholders or members are individuals owning homes in the community; and (2) Over 51% of the owners of homes are shareholders or members of the corporation or association. B. INVESTOR-OWNED COMMUNITY A manufactured home community that is owned by an entity other than a resident-owned community. RENT The consideration, including any bonus, benefit, gratuity or charge contingent, or otherwise, demanded or received for or in connection with the use or occupancy of a manufactured housing community accommodation or for housing services or for the transfer of a lease of a manufactured housing community accommodation, exclusive of the tax collected by the owner and paid to the Town under MGL c. 140, § 32G ; excluding therefrom, however, the consideration paid by a shareholder of a cooperative housing corporation organized pursuant to MGL c. 157B for a share of said corporation, a propriety lease, and any maintenance fees associated therewith. RENTAL HOUSING AGREEMENT An agreement between an owner and a tenant for use and occupancy of a manufactured housing community accommodation and/or housing services; specifically excluding, however, any agreement for occupancy of a manufactured housing community accommodation between a cooperative housing corporation as defined in MGL c. 157B and a shareholder of said corporation. TENANT A tenant, lessee, or other person entitled under the terms of a rental housing agreement with the owner for the use and occupancy of any manufactured housing community accommodation; excepting for this definition, however, any person who occupies a manufactured housing community accommodation pursuant to a proprietary lease as defined in MGL c. 157B, § 4 , as a shareholder of a Chapter 157B cooperative housing corporation. UNCONTESTED "Uncontested" shall mean that the tenant association and the park owner have come to a mutual agreement prior to the filing of a petition for a maximum rent adjustment, and for a resident-owned community, the Board shall treat the rent adjustment as uncontested, and may hold a hearing and make such a general adjustment so long as the adjustment does not include a return on value as provided above in Subsection B of the definition of "fair net operating income."